Category: Granted

Bringing constitutional challenge: Specificity and clarity

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

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Unreasonable renewal expectation: Employer’s appeal upheld

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Interpreting contracts holistically: Text context purpose

University of Johannesburg v Auckland Park Theological Seminary In confirming that the process of interpreting contracts must be done holistically the constitutional court repeated that ‘the inquiry into delectus personae...

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Repudiating insurance contract: Death not covered

Discovery Life Ltd v Hogan Cancelling debit order to pay premium construed by SCA as repudiating insurance contract and insurer cancelled the cover and was no longer on risk and held that insurer was ‘oblivious to the fact...

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Post-retirement benefits: Discretionary policy or practice

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Appealing adjudicator order: Management rules interpreted

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Lifting corporate veil: Absence of gross abuse

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Social origin differentiation: Objective assessment

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Defining financial product: Identify before determination

Impact Financial Consultants CC v Bam NO (Ombud) In defining the nature of a financial product the SCA stated that the Ombud’s approach to the application of common law principles in the determination of a complaint and...

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Returning cattle progeny: Cancellation of sale

Remhoogte CC v Jacob Durr Trust Considering returning cattle progeny a full bench of the high court decided that to allow a ‘mala fide possessor the right of retention, would in my view encourage abuse and self-help as it...

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Developing common law: Paying in instalments?

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

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